National penalties - maximum penalty

Bosnia and Herzegovina

Bosnia and Herzegovina- Criminal Code 2003 (2018) EN

Chapter 7 Punishment

Article 42

Imprisonment

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.

(2) For the gravest forms of serious criminal offences perpetrated with intent, imprisonment for a term of twenty to forty-five years may be exceptionally prescribed (long-term imprisonment).

(3) Long-term imprisonment may never be prescribed as the sole principal punishment for a particular criminal offence.

(4) Long-term imprisonment cannot be imposed on a perpetrator who has not reached twenty- one years of age at the time of perpetrating the criminal offence.

(5) Juvenile imprisonment may be imposed under the conditions prescribed by Chapter X (Rules Relating to Correctional Recommendations, Correctional Measures and Punishing Juveniles) of this Code. Juvenile imprisonment is in its purpose, nature, duration and manner of execution a special punishment of deprivation of liberty.

(6) Imprisonment shall be imposed in full years and months; however, the punishment of imprisonment for a term not exceeding six months may also be measured in full days. Long-term imprisonment shall be imposed only in full years.

Chapter 7 Punishment

Article 42b

Long-Term Imprisonment Article

(1) For the gravest forms of serious criminal offences perpetrated with intent, a long-term imprisonment for a term between twenty-one and forty-five years may be imposed.

(2) Long-term imprisonment may never be imposed as the sole principal punishment for a particular criminal offence.

(3) Long-term imprisonment cannot be imposed on a perpetrator who has not reached twenty- one years of age at the time of perpetrating the criminal offence.

(4) Long-term imprisonment shall be meted out in full years only.

(5) If long-term imprisonment has been imposed, amnesty or pardon may be granted only after three-fifths of the punishment has been served.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.